[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1286 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                S. 1286

     To amend the Solid Waste Disposal Act regarding management of 
remediation waste, certain recyclable industrial materials, and certain 
    products, co-products, and intermediate products, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 29 (legislative day, September 25), 1995

   Mr. Smith introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
     To amend the Solid Waste Disposal Act regarding management of 
remediation waste, certain recyclable industrial materials, and certain 
    products, co-products, and intermediate products, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. REMEDIATION WASTE.

    (a) Definitions.--Section 1004 of the Solid Waste Disposal Act (42 
U.S.C. 6903) is amended by adding at the end the following:
            ``(42) Debris.--The term `debris'--
                    ``(A) means--
                            ``(i) a solid manufactured object exceeding 
                        a 60 millimeter particle size;
                            ``(ii) plant or animal matter; and
                            ``(iii) natural geologic material; but
                    ``(B) does not include material that the 
                Administrator may exclude from the meaning of the term 
                by regulation.
            ``(43) Identified characteristic waste.--The term 
        `identified characteristic waste' means a solid waste that has 
        been identified as having the characteristics of hazardous 
        waste under section 3001.
            ``(44) Listed waste.--The term `listed waste' means a solid 
        waste that has been listed as a hazardous waste under section 
        3001.
            ``(45) Media.--The term `media' means ground water, surface 
        water, soil, and sediment.
            ``(46) Remediation activity.--The term `remediation 
        activity' means the remediation, removal, containment, or 
        stabilization of--
                    ``(A) solid waste that has been released to the 
                environment; or
                    ``(B) media and debris that are contaminated as a 
                result of a release.
            ``(47) Remediation waste.--The term `remediation waste' 
        means--
                    ``(A) solid and hazardous waste that is generated 
                by a remediation activity; and
                    ``(B) debris and media that are generated by a 
                remediation activity and contain a listed waste or 
                identified characteristic waste.
            ``(48) State voluntary remediation program.--The term 
        `State voluntary remediation program' means a program 
        established by a State that permits a person to conduct 
        remediation activity at a facility under general guidance or 
        guidelines without being subject to a State order or consent 
        agreement specifically applicable to the person.''.
    (b) Identification and Listing.--Section 3001 of the Solid Waste 
Disposal Act (42 U.S.C. 6921) is amended by adding at the end the 
following:
    ``(j) Remediation Waste.--
            ``(1) In general.--Except as provided in paragraph (2), a 
        person that manages remediation waste that is an identified 
        characteristic waste or listed waste or that contains an 
        identified characteristic waste or listed waste shall be 
        subject to the requirements of this subtitle (including 
        regulations issued under this subtitle, including the 
        regulation for corrective action management units published in 
        section 264.552, Code of Federal Regulations, and the 
        regulation for temporary units published in section 264.553, 
        Code of Federal Regulations, or any successor regulation).
            ``(2) Exceptions.--
                    ``(A) Requirements under section 3004.--Media and 
                debris generated by a remediation activity that are 
                identified characteristic wastes or listed wastes or 
                that contain an identified characteristic waste or a 
                listed waste shall not be subject to the requirements 
                of section 3004 (d), (e), (f), (g), (j), (m), or (o).
                    ``(B) Permit requirements.--No Federal, State, or 
                local permit shall be required for the treatment, 
                storage, or disposal of remediation waste that is 
                conducted entirely at the facility at which the 
                remediation takes place.
            ``(3) Remediation waste subject to orders, consent 
        agreements, voluntary remediation programs, and other 
        mechanisms.--
                    ``(A) Requirements not applicable.--Notwithstanding 
                paragraph (1), a person that manages remediation waste 
                that--
                            ``(i) is identified characteristic waste or 
                        listed waste or that contains an identified 
                        characteristic waste or listed waste; and
                            ``(ii) is subject to a Federal or State 
                        order, Federal or State consent agreement, a 
                        State voluntary remediation program, or such 
                        other mechanism as the Administrator considers 
                        appropriate,
                shall not be subject to the requirements of this 
                subtitle (including any regulation under this 
                subsection) unless the requirements are specified in 
                the Federal or State order, Federal or State consent 
                agreement, State voluntary cleanup program, or other 
                mechanism, as determined by the Administrator.
                    ``(B) Enforcement.--Unless other enforcement 
                procedures are specified in the order, consent 
                agreement, or other mechanism, a person described in 
                subparagraph (A) (except a person that manages 
                remediation waste under a State voluntary remediation 
                program) shall be subject to enforcement of the 
                requirements of the order, consent agreement, or other 
                mechanism by use of enforcement procedures under 
                section 3008.''.
    (c) Regulation.--Not later than 180 days after the date of 
enactment of this Act, the Administrator shall issue a regulation 
implementing section 3001(j) of the Solid Waste Disposal Act, as added 
by subsection (b).

SEC. 2. EXCLUSION OF CERTAIN RECYCLABLE INDUSTRIAL MATERIALS AND 
              CERTAIN PRODUCTS, CO-PRODUCTS, AND INTERMEDIATE PRODUCTS.

    (a) Definitions.--Section 1004 of the Solid Waste Disposal Act (42 
U.S.C. 6903), as amended by section 1(a), is amended by adding at the 
end the following:
            ``(49) Co-product.--The term `co-product' means a 
        combination of 2 or more materials intentionally produced from 
        a manufacturing or recycling operation for commercial use.
            ``(50) Intermediate material.--The term `intermediate 
        material' means a material that results from a manufacturing 
        process the design of which contemplates further processing of 
        the material by the manufacturer or by a toll processor to 
        produce a product or an intermediate product.
            ``(51) Manufacturing.--The term `manufacturing' means the 
        use of a virgin material or other feedstock to produce a 
        product, co-product, or intermediate product (including all 
        associated ancillary operations) in which--
                    ``(A) the process uses the appropriate equipment to 
                produce the intended product, co-product, or 
                intermediate product;
                    ``(B) the virgin material or other feedstock used 
                in the process meets commercial specifications;
                    ``(C) the virgin material or other feedstock is 
                handled in a manner that is designed to minimize loss 
                of the virgin material or feedstock;
                    ``(D) a contract or record is established by the 
                manufacturer to record or document the receipt and use 
                of the virgin material or other feedstock and the use 
                or sale of the product, co-product, or intermediate 
                product that is produced; and
                    ``(E) the process produces a product, co-product, 
                or intermediate product that meets commercial 
                specifications.
            ``(52) Product.--The term `product' means a material that 
        is produced from a manufacturing or recycling operation for 
        commercial use.
            ``(53) Recyclable industrial material.--The term 
        `recyclable industrial material' means a material that--
                    ``(A) would constitute an identified characteristic 
                waste or listed waste except for the application of 
                section 3024(a); and
                    ``(B) is intended by a manufacturer, commercial 
                enterprise, or recycler for recycling by use, reuse, or 
                reclamation.
            ``(54) Toll processor.--The term `toll processor' means a 
        person that performs any of a variety of manufacturing 
        processes on material owned by a manufacturer.''.
    (b) Exclusion From Regulation of Certain Recyclable Industrial 
Materials and Certain Products, Co-Products, and Intermediate 
Products.--Subtitle C of the Solid Waste Disposal Act (42 U.S.C 6921 et 
seq.) is amended by adding at the end the following:

``SEC. 3024. EXCLUSION FROM REGULATION OF CERTAIN RECYCLABLE INDUSTRIAL 
              MATERIALS AND CERTAIN PRODUCTS, CO-PRODUCTS, AND 
              INTERMEDIATE PRODUCTS.

    ``(a) Certain Recyclable Industrial Materials.--
            ``(1) In general.--Except as provided in paragraph (2), a 
        person that manages recyclable industrial material shall not be 
        subject to the requirements of this subtitle (including 
        regulations).
            ``(2) Exceptions.--The following recyclable industrial 
        materials shall be subject to the requirements of this subtitle 
        (including regulations) unless the Administrator determines 
        that regulation under this subtitle is unnecessary:
                    ``(A) A recyclable industrial material that--
                            ``(i) is burned for energy recovery or used 
                        to produce fuel; or
                            ``(ii) is otherwise contained in fuel,
                if burning for energy recovery or use to produce fuel 
                is not a normal use of the recyclable industrial 
                material.
                    ``(B) A recyclable industrial material that--
                            ``(i) is applied to or placed on land in a 
                        manner that constitutes disposal, if such use 
                        is not a normal use of the recyclable 
                        industrial material; or
                            ``(ii) is used to produce a product that is 
                        applied to or placed on land or is contained in 
                        a product that is applied to or placed on land, 
                        if such use of the recyclable industrial 
                        material is not a normal use of the recyclable 
                        industrial material.
                    ``(C) A recyclable industrial material that is 
                identified by the Administrator by regulation as being 
                inherently wastelike.
    ``(b) Certain Products, Co-Products, and Intermediate Products.--A 
product, co-product, or intermediate product shall not be considered to 
be a solid waste for the purposes of this Act unless the product, co-
product, or intermediate product--
            ``(1) is burned for energy recovery or used to produce fuel 
        or is contained in fuel, if such use is not a normal use of the 
        product, co-product, or intermediate product;
            ``(2) is used in a manner constituting disposal or used to 
        produce a product or is contained in a product that is used in 
        a manner constituting disposal, if such use is not a normal use 
        of the product, co-product, or intermediate product; or
            ``(3) is identified by the Administrator by regulation as 
        being inherently wastelike.''.

SEC. 3. REGULATION OF CERTAIN RECYCLABLE INDUSTRIAL MATERIALS.

    The Solid Waste Disposal Act (42 U.S.C. 9601 et seq.) is amended by 
adding at the end the following:

              ``Subtitle K--Recyclable Industrial Material

``SEC. 12001. RECYCLABLE INDUSTRIAL MATERIAL.

    ``(a) Requirements.--A person that manages recyclable industrial 
material (other than recyclable industrial material described in 
section 3024(a)(2)) shall be subject to the following requirements:
            ``(1) In general.--Recyclable industrial material shall not 
        be stored on land but shall be managed in a building, tank, or 
        other containment structure that meets the following 
        requirements.
                    ``(A) In a building.--Recyclable industrial 
                material that is managed in a building shall be 
                completely enclosed with a floor, walls, and a roof and 
                shall otherwise be reasonably constructed to prevent 
                exposure to the elements and incorporate appropriate 
                controls and practices to ensure containment of the 
                recyclable industrial material.
                    ``(B) In a tank or other containment structure.--A 
                recyclable industrial material that is managed in a 
                tank or other containment structure shall meet the 
                technical requirements of section 279.54 of title 40, 
                Code of Federal Regulations, or any successor 
                regulation, not including the requirements stated in--
                            ``(i) the matter preceding paragraph (a); 
                        and
                            ``(ii) paragraphs (a), (f)(2), and 
                        (h)(1)(i),
                as those paragraphs are designated on the date of 
                enactment of this Act, notwithstanding that the person 
                managing the recyclable industrial material may not be 
                a used oil processor or re-refiner under that section.
            ``(2) Recycling.--A recyclable industrial material shall be 
        recycled within 24 months after the date on which the 
        recyclable industrial material is generated unless the 
        Administrator by regulation establishes a shorter or longer 
        period.
            ``(3) Additional requirements.--
                    ``(A) In general.--A recyclable industrial material 
                shall be subject to such requirements, in addition to 
                those described in this section, as the Administrator 
                determines to be necessary.
                    ``(B) Considerations.--In determining whether any 
                additional requirement is necessary, the Administrator 
                shall ensure that the requirement does not discourage 
                the recycling of the recyclable industrial material, 
                consistent with the protection of human health and the 
                environment.
    ``(b) Permit.--A person that manages a recyclable industrial 
material in accordance with the requirements of subsection (a) shall 
not be required to obtain a permit to conduct recycling activity.
    ``(c) Documentation.--
            ``(1) In general.--A person that manages a recyclable 
        industrial material shall maintain documentation at the 
        recycling facility to demonstrate that the recyclable 
        industrial material is recycled in accordance with the 
        requirements of this subtitle.
            ``(2) Guidance.--Not later than 9 months after the date of 
        enactment of this subtitle, the Administrator shall, after 
        opportunity for public comment, publish guidance identifying 
        the criteria to be considered by a person that manages a 
        recyclable industrial material in making the demonstration 
        required by paragraph (1).
    ``(d) Inspection and Enforcement.--The Administrator may use the 
authority under sections 3007 and 3008 to conduct inspections and 
enforce this Act with respect to a person that manages a recyclable 
industrial material.
    ``(e) References.--The Administrator shall amend regulations, 
correspondence, orders, settlement agreements, and other documents as 
appropriate to reflect the management of recyclable industrial material 
under this subtitle.''.

SEC. 4. POINT OF DETERMINATION.

    (a) Definitions.--Section 1004 of the Solid Waste Disposal Act (42 
U.S.C. 6903), as amended by section 4(a), is amended by adding at the 
end the following:
            ``(55) Point of determination.--The term `point of 
        determination' means the point at which a decision is made 
        whether a solid waste is an identified characteristic waste or 
        listed waste.''.
    (b) Identification and Listing.--Section 3001(b)(1) of the Solid 
Waste Disposal Act (42 U.S.C. 6921(b)(1)) is amended by inserting after 
the second sentence the following: ``In addition, the Administrator 
shall promulgate regulations specifying the point at which a solid 
waste is an identified characteristic waste or listed waste, which 
point of determination shall not be before the point at which the waste 
exits a closed system and is exposed to the environment or is 
discharged to a waste management unit (as defined by the 
Administrator), whichever point occurs first.''.

SEC. 5. DISCONTINUATION OF REGULATION OF WASTE UNDER SUBTITLE C OF THE 
              SOLID WASTE DISPOSAL ACT.

    (a) Identification and Listing.--
            (1) Amendments.--Section 3001(f) of the Solid Waste 
        Disposal Act (42 U.S.C. 6921(f)) is amended--
                    (A) by striking ``(1) When'' and inserting the 
                following:
            ``(1) Delisting of particular wastes.--
                    ``(A) Consideration of factors.--When'';
                    (B) by striking ``(2)(A) To the maximum extent 
                practicable the Administrator shall publish in the 
                Federal Register a proposal to grant or deny a petition 
                referred to in paragraph (1)'' and inserting the 
                following:
                    ``(B) Decision.--To the maximum extent practicable, 
                the Administrator shall publish in the Federal Register 
                a proposal to grant or deny a petition under 
                subparagraph (A)'';
                    (C) by striking subparagraph (B) of paragraph (2) 
                as designated on the day prior to the date of enactment 
                of this Act; and
                    (D) by adding at the end the following:
            ``(2) Generic delisting.--
                    ``(A) Regulation.--The Administrator shall issue a 
                regulation that defines constituent levels below which 
                a solid waste shall not be considered to be a hazardous 
                waste subject to the requirements of this subtitle 
                (including regulations).
                    ``(B) Constituents of concern.--The regulation 
                under subparagraph (A) shall provide that only the 
                constituents that are reasonably expected to be present 
                in solid waste shall be considered in determining 
                whether the solid waste is not considered to be a 
                hazardous waste.''.
            (2) Interim constituent levels.--Until the date on which 
        the Administrator issues the regulation under section 
        3001(f)(2) of the Solid Waste Disposal Act, as added by 
        paragraph (1)(D), the land disposal restriction treatment 
        levels under section 3004(m) of that Act, as in effect on 
        August 31, 1993, shall constitute the constituent levels below 
        which a solid waste shall not be considered to be a hazardous 
        waste.
    (b) Standards Applicable to Owners and Operators of Hazardous Waste 
Treatment, Storage, and Disposal Facilities.--Section 3004 of the Solid 
Waste Disposal Act (42 U.S.C. 6924) is amended by adding at the end the 
following:
    ``(z) Special Standards for Hazardous Waste.--
             ``(1) Modification of requirements.--Notwithstanding this 
        section and sections 3005(j) and 7004(b), the Administrator may 
        by regulation alter to any extent the requirements of this 
        section or section 3005(j) or 7004(b) for a solid waste that is 
        an identified characteristic waste or listed waste and that 
        contains hazardous constituents in an amount that is not 
        greater than 10 times the amount below which a solid waste 
        shall not be considered to be a hazardous waste.
            ``(2) Regulation.--The Administrator--
                    ``(A) shall issue a regulation under paragraph (1) 
                not later than 18 months after the date of enactment of 
                this subsection; and
                    ``(B) in formulating the regulation--
                            ``(i) shall take into account the lower 
                        level of risk posed by the wastes described in 
                        paragraph (1); and
                            ``(ii) shall ensure that any modified 
                        requirements protect human health and the 
                        environment.
            ``(3) 10-times level.--In issuing the regulation under 
        paragraph (2), the Administrator may alter to any extent the 
        10-times level for modifying the requirements of this section 
        and sections 3005(j) and 7004 so long as the changed 
        requirements protect human health and the environment.
            ``(4) Interim rule.--Until the Administrator modifies the 
        regulations under paragraph (1), a person may dispose of a 
        solid waste that is an identified characteristic waste or 
        listed waste and contains hazardous constituents not greater 
        than 10 times the land disposal restrictions treatment levels 
        issued by the Administrator under section 3004(m), as in effect 
        on August 31, 1993, in a hazardous waste management facility 
        that meets the requirements of this section, except that--
                    ``(A) the requirements of subsections (d), (e), 
                (f), (g), (j), and (m) shall not apply;
                    ``(B) the air emission standards issued by the 
                Administrator under section 3004(n), as in effect on 
                December 6, 1995, shall not apply to a tank or other 
                container or to surface impoundment if the average 
                volatile organic concentration of the hazardous waste 
                at the point at which the waste is discharged into the 
                tank, container, or surface impoundment is less than 
                500 parts per million by weight; and
                    ``(C) the double-liner requirement stated in 
                section 3004(o) may be waived by the Administrator for 
                any monofill if the monofill meets the same 
                requirements as are applicable under section 3005(j).
            ``(5) Permit.--No permit shall be required for storage and 
        treatment in a tank or other container or containment building 
        that meets the requirements of this section.''.

SEC. 6. RELATIONSHIP OF THE SOLID WASTE DISPOSAL ACT TO OTHER STATUTES.

    Section 1006(b)(1) of the Solid Waste Disposal Act (42 U.S.C. 
6905(b)(1)) is amended--
            (1) by striking ``(1) The Administrator'' and inserting the 
        following:
            ``(1) In general.--The Administrator'';
            (2) by striking the second sentence; and
            (3) by adding at the end the following:
            ``(2) Use of authorities.--If the Administrator determines 
        that a risk to health or the environment associated with the 
        management of solid waste can be eliminated or reduced to a 
        sufficient extent by actions taken under the authorities 
        contained in such other Federal laws, and the Administrator has 
        a statutory or court-ordered mandate to address that risk to 
        health or the environment within 5 years after the date of 
        enactment of this sentence, the Administrator shall use the 
        other authorities to protect against the risk.''.
                                 <all>
S 1286 IS----2